HomeMy WebLinkAboutWatson 06-11-15
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IN THE MATTER OF AN ARBITRATION
Between:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
and
COMMUNITY LIVING HUNTSVILLE
Re: Grievance of Isabel Watson - OPSEU File 03-366-079
APPERANCES:
Herbert Law - Counsel for the Employer
Ed Holmes - Counsel for the Union
Diane Courvoisier - Incumbent - On her own behalf
Hearings were held in Huntsville Ontario on December 16, 2005, November 13
and 14, 2006.
AWARD
The parties have advised that the Employer has allowed the grievance on a
without prejudice and precedent basis and without admitting any liability or
wrongdoing. Accordingly, after reviewing the evidence and documentation
introduced at the hearing, and considering the submissions of the parties and the
incumbent, as well as the Employer's allowance of the grievance, I hereby order
as foiiows:
1. The G.rievor shall be awarded the position of Awake Night Staff at
Floral Villa effective November 15, 2006. However, the Grievor will
not actually commence these duties until December 1, 2006. In the
interim, she will be considered as a full-time employee and will work
full-time hours.
2. The Employer will pay the Grievor the sum of $4,200.00, minus
statutory deductions.
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3. The Grievor's seniority shall be adjusted and calculated to credit
her on the basis of a maximum of 70 hours bi-weekly, taking into
consideration the number of hours she actually worked, for the
period between July 25, 2003 and November 1, 2006.
4. In order to implement this Award, the following will occur to give
effect to the seniority provisions of the Collective Agreement:
i) Isobel Watson will replace Ellise Vatour.
ii) Ellise Vatour will return to her part-time position on
December 1, 2006, replacing Laurel Casso
iii) Laurel Cass will assume the part-time hours that Isabel
Watson would have otherwise worked for December
2006.
The parties and their counsel are to be commended for their ability to focus and
present the important issues raised in this case.
Dated at Toronto this 15th day of November, 2006.